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Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)
....rminal to the Cox's Bazar Zila Parishad are declared to have been issued/passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 216. ......iew to construct a Central Bus Terminal out side the Cox's Bazar Municipal area, took lease of 4 acres of Government khas land for 99 years at a salami of more than Tk.35,00,000/-. Accordingly, lease deed was executed by the Deputy Commissioner, Cox's Bazar on behalf of the Government and handed ove..Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
.... a bainapatra on 26.05.1965 and delivered possession of the suit property to the plaintiffs who have since been in possession thereof. It was agreed that later on she would execute and register the kabala on receipt of the balance consideration money. On 24.03.1975 she executed the sale deed but t......s who have since been in possession thereof. It was agreed that later on she would execute and register the kabala on receipt of the balance consideration money. On 24.03.1975 she executed the sale deed but the same could not be registered. The defendant No. 1 denied the claim of the plaintiffs an..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
.... while exercising his right, title and possession he (Mofizuddin) by registered deed of exchange dated 22‑10‑1987 exchanged .20 acre of land to plaintiff No.1 Golam Hossain and then by registered kabala dated 26‑10‑1987 and 27‑10‑1987 sold 0.05 + 0.06 = 0.11 acre of land to the said plai...... Result: The Rule is made absolute. State Acquisition and Tenancy Act (XXVIII of 1951); Section 85 Code of Civil Procedure (V of 1908); Section 11 After registration of the lease deed the legal status materially changed from a mere lessee to a full fledged tenant with all t..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
....pears that as an agent of the original owner Abdul Kaiyum, Md. Atiqullah possessed the case property also on 28-2-1972 though he acquired valid title thereto in the year 1984 on registration of the kabala through the Court. That being so, the claim of the petitioners that on the date of promulgati...... of the petitioners, in short, is that the case property being House No. H/11, Block-E, Zakir Hossain Road, Mohammadpur, Dhaka was leased out to the respondent No.3 Abdul Kaiyum by a registered lease deed dated 6-1-1960 for a period of 99 years and pursuant to the lease, the respondent No.3 was gi..Category: Property Law | Date: 25 May, 2005 | Hits: 33
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......led to judicial protection. It was significantly held further that where an applicant for registration knowingly makes a false claim as to the proprietorship of a mark, the registration secured can indeed be found to have been obtained by fraud. Bearing in mind the applicability of the ratio in the ..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....that the said Division discarded the aforesaid finding of the Court of Settlement placing reliance upon the affidavit affirmed by Sahera Khatun and the recitals therein as well as the recitals in the kabala executed by the donee Anwari Khatun (daughter of Sahera Khatun) and finally arrived at conclu......f, Abdul Hashim and Md Riazuddin, that Sahera Khatun delivered possession of the gifted property to the donee, Anwari Khatun and she on 22‑10‑1979 transferred the property by a registered deed to the respondent No. 1, that the respondent No. 1obtained permission from the DIT (now RAJUK) ..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......led Civil Revision No.2164 of 1990 before this Court in which Rule was issued and the Rule was subsequently made absolute. The defendant thereafter violating the terms and conditions of the deed of agreement started using the suit premises as a factory for making furniture as a result..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ...... agreement for sale of the said property on 1‑11‑1963 with the writ petitioner's mother Most. Badrunnessa and subsequently transferred the premises in question to her by a registered deed dated 14‑11‑1963. Their mother was possessing the property through a tenant named S..Category: Property Law | Date: 4 May, 2005 | Hits: 115
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ......the suit is not maintainable, that it is also not maintainable under section 53(A) of the Transfer of Property Act as the plaintiff is out of possession since 1972. The trial Court held that the sale deed was to be executed after the payment of loan to the HBFC of Taka 16,000 that the plaintiff has ..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....ouring people the defendant No.1 accordingly, delivered possession of the suit land in favour of the plaintiff and gave undertaking that on payment of rest Taka 600 she would execute and register the kabala deed in favour of the plaintiff. Since then the plaintiff has been enjoying and possessing th......people the defendant No.1 accordingly, delivered possession of the suit land in favour of the plaintiff and gave undertaking that on payment of rest Taka 600 she would execute and register the kabala deed in favour of the plaintiff. Since then the plaintiff has been enjoying and possessing the suit ..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....rt of the contents stated in the first information report corroborating P.W.1. P.W.9 Bahadur Ali Mondal deposed that he purchased the case land measuring 66 decimals from Asiron Nessa vide registered kabala deed No.409 dated 28‑6‑1974 and he filed the relevant deed in the Court. He further depos......he contents stated in the first information report corroborating P.W.1. P.W.9 Bahadur Ali Mondal deposed that he purchased the case land measuring 66 decimals from Asiron Nessa vide registered kabala deed No.409 dated 28‑6‑1974 and he filed the relevant deed in the Court. He further deposed that..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....d Court, Feni praying for partition of his share upon determination of title, stating, inter alia, that the defendant No.1 sold out 60 decimals of land to him on 25‑12‑1972 under a registered suf kabala in which the plaintiff had enjoyment of his right, title and interest. The defendant No.3 gav...... 81 decimals of land on 3‑10-1971 and handed over its possession to him on that day where the said Mohammad Miah is in enjoyment of the right, title and possession, It was agreed that the sale deed will be executed within the month of Baishakh, 1382 Bangla which they could not do and as such,..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
.... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ......that no summons or notice was served upon him and that the defendant‑petitioner purchased possession of 2 (two) shop rooms on payment of Taka 3,00,000 as possession value and 2 (two) separate lease deeds were executed by the plaintiff‑opposite party No.1 : in favour of the defendant petitioner a..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ......ased), wife of Ketu Rozario purchased the land appertaining to CS Plot No.177 of mouza Begunbari, PS Tejgaon, Dhaka measuring an area of 1.25 acres of land from the CS recorded owners by a registered deed of sale dated 12‑6‑1950. The name of Mrs. Rozario was duly recorded both in SA and RS Khati..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......etitioner was removed because of his involvement in prejudicial activities, which was contrary to the rules and disciplines. 11. The respondents, however, could not refer to any specific acts or deed of the petitioner which could be considered as prejudicial and which led to the issuance of the..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....edemption and the defendants 1 and 2 appeared and thereafter they sold the suit property to defendant No.3 on 22‑8‑72 at a consideration of Taka 3,000 and the said property is a homestead and the kabala document is collusive and the plaintiff tendered the consideration money which they refused t......own in pleadings and arguments of plaintiff to that effect and ante‑date means to affix with a date earlier than the true date and it is very much in the record that date of execution of the kabala deed and the agreement of reconveyance was on 19‑7‑69 but the stamps for the agreement was purch..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....id earnest money executed bainapatra with the stipulation that, he would execute the deed of sale within 6 months from the date of agreement but the defendant No. 1 did not execute and register the kabala in spite of tender of the balance consideration money. The plaintiff subsequently, came to k......ayanganj passed in Title Suit No.72 of 1992 dismissing the same. The suit was filed for specific performance of the contract for sale of land for further relief by way of declaration that the sale deeds by the defendant No. 1 in favour of the defendant No. 2 are fraudulent, void, and collusive a..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ...... Mollah died leaving behind only daughter Moymannessa and accordingly, SA record and RS record were prepared in the name of the said Moymannessa and that she sold out the suit land by registered sale deed on 31‑7‑1974 in favour of Abirjan who again sold the same in favour of Alekjan and that Ale..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
....a, are that the suit land belonged to the plaintiffs who sold the same to the defendant No. 1 namely Phanindra Nath Baidya for a consideration of Taka 2500 (Taka two thousand five hundred) only by kabala dated 5-2-1963; that on the same day the defendant No. 1 executed an Ekrarnama in favour of ......ear of 1377 BS the plaintiff respondents approached the defendant No. 1 on several occasions in the month of Falgoon and tendered the consideration money with a request to execute and register the deed of reconveyance; that the plaintiffs also tendered the consideration money to the defendant No..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......ed the Mouza Map Exhibit 12 to show that, in fact, they have got land adjacent to the suit land. Exhibits 8‑8(b), Exhibit 9, Exhibits 10‑10(c), Exhibits 11(a)‑1l(b) and Exhibit 12 are the title deeds, rent receipts and rent rolls, etc. of the supporting witnesses namely, PWs 3‑7 which prove ..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21